In Brief
A bus driver negligently caused an accident injuring a 37-year-old scrap dealer, who suffered 70% permanent disability including amputation of his right lower limb. The Motor Accident Claims Tribunal awarded Rs. 15,76,465 in compensation, which the High Court enhanced to Rs. 16,70,932. The Supreme Court allowed the appeal, significantly increasing compensation to Rs. 38,70,120. The Court held that permanent disability percentage should not be mechanically applied to earning loss; the impact on actual earning capacity must be assessed individually. The claimant was entitled to future prospects compensation, and awards for prosthetic limbs and non-pecuniary damages must adequately cover lifetime needs. The Court emphasized that marginalized claimants facing disability warrant enhanced compensation to restore their pre-accident position as far as possible.
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